28Environmental agreements

28 Environmental agreements

(1)  Subject to this section, the Board, on its own initiative or at the request of another person –

(a) may enter into an environmental agreement with an operator of premises in respect of those premises; and

(b) may approve an agreement entered into between persons as an environmental agreement; and

(c) may prepare an environmental agreement to be entered into between persons.

(2)  Environmental agreements may be made in respect of individual operations, premises, areas or regions and may apply to industry or activity groups.

(3)  An environmental agreement must specify the management, investment and monitoring functions which the parties to the agreement consider necessary to ensure environmental performance beyond that required to ensure compliance with this Act.

(4)  An environmental agreement –

(a) may require reports on a regular basis to be given to the Board in relation to the environmental performance of the operation to which the agreement relates; and

(b) may contain terms providing for any matter that the Board considers will assist it in performing its functions; and

(c) may provide for any matter intended to achieve or advance the objectives specified in Schedule 1 .

(5)  A report given to the Board under subsection (4) (a) must be accompanied by a statutory declaration signed by the operator or person authorized by the operator to do so, or, if the operator is a body corporate, the chief executive officer of the body corporate or person holding a similar position to a chief executive officer, certifying the accuracy of the contents of the report.

(6)  [Section 28 Subsection (6) omitted by No. 45 of 2012, s. 15, Applied:06 Dec 2012] .  .  .  .  .  .  .  .  

(7)  A person who is not a party to an environmental agreement must not hold himself or herself out as being a party to an environmental agreement.

Penalty:  In the case of –